Business Law

Under the Hawaii evidence code, a promissory note is not hearsay but a duplicate of a promissory note is not self-authenticating commercial paper. Read more

Hospitals are not required by consumer-protection laws to make price disclosures beyond what state and federal healthcare laws mandate Read more

Applying 7th Circuit precedent, a Bankruptcy Court in the Eastern District of Wisconsin (the “Court”) ruled that obligations of a debtor created by a personal guaranty of an LLC’s debt signed years before the debtor’s chapter 7 petition was filed were discharged despite the fact that the debts which the creditor sought to collect under the guaranty arose after the debtor’s discharge. Read more

In one of the first cases decided under the California Revised Uniform Limited Liability Act, the Second Appellate District of the Court of Appeal upheld a 27% discount in the purchase of a minority interest of the LLC to halt an action for dissolution. Read more

Interpreting Ohio’s versions of two uniform acts, the Uniform Commercial Code (UCC) and the Uniform Fraudulent Transfer Act (UFTA), the Sixth Circuit Court of Appeals (the “Court”) ruled that an involuntary debtor’s payments to a lender under the parties’ revolving loan agreement were encumbered by a “valid lien” created by the lender’s perfected security interest and as such were not “transfers” which could be avoided by a bankruptcy trustee despite debtor’s participation in a Ponzi scheme and the lender’s alleged bad faith acts after learning of the scheme. Read more

A creditor's failure to include the debtor's middle name in its financing statement was strong indication under Georgia law that the liens were invalid and could not be used to support a stay relief motion in a chapter 12 case. Read more

Proper patient referral disclosures do not excuse noncompliance with worker’s compensation statute prohibiting a physician’s financially interested referrals Read more

Consider the situation where Chris is the sole member of Apartment LLC, a disregarded entity for tax purposes. Read more

Court clarified what actions by a trustee are required in order for a chapter 7 debtor to lose his homestead exemption on recovered property under Bankruptcy Code section 522(g). Read more

Courts reviewing administrative decisions must take into account the standard of proof in the underlying proceeding. Read more